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HomeMy WebLinkAboutMinutes 09-01-1992 CITY COUNCIL REGULAR MEETING September 1, 1992 A Regular Meeting of the Cape Canaveral City Council was held on September 1 , 1992, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 :06 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present [11, Mayor Pro Tem John Porter Present Councilmember Andy Kedzierski Present Councilmember Rocky Randels Present Councilmember Ann Thurm Present (Late) City Manager Edward Spenik Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: Motion by Mr. Porter, seconded by Mr. Kedzierski to approve the minutes of the Regular Meeting of August 18, 1992, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For. PRESENTATIONS : 1. Presentation by Buck Buchanan, Canaveral Port Authority Chairman, and Olsen Engineering regarding Sand Renourishment Project. Mr. Buck Buchanan explained the Sand Renourishment Project in detail explaining that there would be no cost to the City of Cape Canaveral for the transfer of the sand to the Cape Canaveral beaches . He stated that the permitting process would be started immediately and that the sand would be transferred in the fall of 1993 after the turtle nesting season. Mr. Eric Olsen, Olsen Engineering, further explained that the project was not an indepth beach restoration project, but that 100,000 cubic feet of sand would be transferred to the beaches north of Cherie Down Park. He stated the duration of the project would be 30-60 days. Mrs. Thurm arrived at the meeting at this time. Mr. Buchanan and Mr. Olsen answered questions from the audience regarding the Sand Transfer Facility, the expansion of the jetty and the Sand Renourishment Project in general. Mayor Salamone thanked the Port Authority for its presentation. 2. Presentation by Hoyman, Dobson & Company regarding Building Department audit findings. Mr. Tom Kirk, Audit Director, and Ms. Michelle Blackstock, of Hoyman, Dobson & Company presented audit findings regarding the City' s Building Department. Mr. Kirk explained the scope of services involved in the audit and the selection process which entailed completing a random sampling of twenty-five ( 25) permits and tracing the subject permits through the system. Ms . Blackstock explained that ten ( 10) of the top dollar amount transactions were selected and fifteen ( 15) more randomly selected permits were chosen. Mr. Randels spoke briefly regarding the need for an operations manual which outlined Building Department procedures. Mr. Kirk explained his reasons for indicating that the rate of errors was significant even though the dollar amount involved was not substantial. There was further discussion among Mr. Kirk and the Councilmembers regarding the audit. City of Cape Canaveral, Florida Regular City Council Meeting September 1 , 1992 Page 2 Mayor Salamone explained to the audience the purpose of the audit which was to review the system of checks and balances within the Building Department. Mr. George Hutchinson questioned the proper certification for the Building Department employees. Mr. Kirk stated that it was noted that neither the Building Official nor the Inspector were 10 certified. Mr. Randels stated that when the Building Official and Inspector were employed there was no requirement for certification included in the job descriptions at that time. Mayor Salamone stated that both individuals would be working toward the certification requirement. Mr. Hans Saurenmann spoke regarding the three ( 3) main employees of the Building Department not being licensed and issuing permits to licensed contractors . Mr. Kancilia explained that the ordinances adopted at the previous City Council meeting included the certification requirement. Mr. Chuck Bamford questioned the net loss of revenue to the City from the random samples reviewed by the auditors. Ms. Blackstock stated that there were approximately $950 in overcharges and $1, 590 in undercharges in the sample audit for a net undercharge of $640. Mayor Salamone stated that the City Council did recommend that the City Manager work with the Building Department to implement the recommendations included in the audit report. Mr. Porter spoke regarding the need to implement the recommendations in a timely manner. He wanted to set a goal of ninety ( 90) days to have the changes implemented. Mr. Randels suggested having a status report in thirty ( 30) days. Council concurred with the recommendations to require a status report in thirty ( 30) days and implementation of recommended changes in ninety (90) days. A ten-minute break was taken at this time, after which the meeting reconvened. Mr. Bennett Boucher assumed the role of Acting City Manager as Mr. Spenik had to leave the meeting at this time. BUSINESS: 1. Motion Re: International Sporting Competition - September 26, 1992. Motion by Mr. Kedzierski, seconded by Mr. Porter to approve the International Sporting Competition proposed for September 26, 1992. Motion by Mr. Kedzierski , seconded by Mr. Porter to amend the motion to include the dates of February 6, 1993 and May 8, 1993 for approval also. Mr. Kedzierski read a letter dated August 26, 1992, from Quality Kick Productions, Inc. regarding the Kickboxing Events which outlined the specifics of the request. Mr. Mark Gurley, Kickboxing Competitor, spoke in favor of the request. Mr. Shawn Fitzgerald stated that the insurance binder had been given to the City Attorney. Mr. Kancilia stated that the insurance coverage ( $1,000,000) was for one day only, September 26, 1992, and he suggested that another day's insurance coverage be included in case the event ran past midnight. He stated that additional insurance coverage would be needed for the February and May dates. Mr. Fitzgerald agreed to obtain an additional day of insurance coverage. City of Cape Canaveral, Florida Regular City Council Meeting September 1, 1992 Page 3 Motion by Mr. Kedzierski , seconded by Mr. Porter to amend the motion to include approval of the February and May dates upon securing the necessary insurance binders. Motion carried on the first amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman (10 Thurm, For. Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. 2. Motion Re: Appointment of City representative to Keep Brevard Beautiful. Motion by Mayor Salamone, seconded by Mr. Porter to authorize Mr. Rocky Randels to serve as the City's representative to Keep Brevard Beautiful . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. 3. Resolution No. 92-35, Reappointing a Member to the Planning and Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION REAPPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to approve Resolution No. 92-35 with Richard Thurm as the reappointed member to the Planning and Zoning Board. Mr. Kedzierski stated that following the Council ' s vote on the nepotism issue earlier in the month, he completed further research and he proceeded to explain same. He referenced information included in Florida Statutes, Section 112. 3155, Attorney General 's Opinion No. AGO 88. 51, and a Commission on Ethics (CEO 89. 53) opinion dated 1990. He stated that the Commission on Ethics ' opinion was applicable even if the related Councilmember abstained from voting on the appointment of a relative to an advisory board. He felt that the City' s Charter did not reflect present laws. He stated that a petition had been circulated which included the basic wording of the previous ordinance presented to the Council in August. He stated that there were more than enough signatures on the petition to meet the Florida Statute requirements. Mr. Kancilia stated that he had not read the particular Commission on Ethics ' opinion that Mr. Kedzierski referred to and he stated that there was another Attorney General opinion which took a less stringent view of the statute which provided that a Councilmember could not advocate the appointment of a relative to an advisory board. He stated that the issue could not be resolved quickly and would require further legal research. Mr. Porter stated that he was disturbed about the entire situation and that he had been absent from the meeting when the Council first considered the ordinance. He stated that his mother was a member City of Cape Canaveral, Florida Regular City Council Meeting September 1, 1992 Page 4 of the Code Enforcement Board. He further expressed his opinion regarding the issue. Mrs. Thurm expressed her concerns regarding the issue and felt that there was no need for such a change. Mr. Randels stated he was concerned about the volunteers who donated their time to help the City, that there was not an excess of individuals waiting to apply for positions on City boards, and he felt that there was no real reason to change the policy at this point. Mr. Kedzierski felt that the City needed to avoid any perception of impropriety and he explained his reasons for same. He spoke in favor of allowing the voters to decide on the issue. Mrs. Thurm felt that the citizens did not understand the issue addressed by the petition. She felt that what the petition addressed was not nepotism, that the hiring of relatives was nepotism. There was further discussion at length regarding the issue. Mr. Kancilia stated that in May, Mr. Spenik had identified five ( 5) potential referendum questions and he reported back that three ( 3) of the issues did not need to be dealt with in the referendum process. He stated that the nepotism ordinance was drafted by him approximately a week in advance of the workshop necessary to place the issue on the agenda at a time which would allow two ( 2) readings of the ordinance in time to have the referendum question included on the November ballot. Mr. Porter felt that this issue could have been handled differently. Mr. Kedzierski spoke again in favor of the petition and stated that the citizens working with him and the individuals signing the petition wanted to see the issue on the ballot. Mrs. Thurm stated that she had no objection to having the issue on the ballot, but she felt that the citizens would not have the opportunity to fully understand the issue. She stated that nepotism was addressed in the City Charter and she read four ( 4) definitions of nepotism. Mr. George Hutchinson expressed his support of the voters right to vote on the issue and he explained that in less than six ( 6) days 428 voters signed the petition. Mr. Hans Saurenmann spoke regarding a letter he presented to Council addressing the nepotism issue. Mr. Kedzierski stated that the amendment was worded exactly the same as the wording included in the ordinance previously presented to Council. He stated that the people presently serving on the Boards would remain in office until the end of their terms and the ordinance covered all future appointments to City boards. Mr. Randels spoke regarding the prohibition of two ( 2) members of one ( 1 ) family serving on City boards which was included in the nepotism petition. Mrs. Betty Hutchinson spoke in favor of the petition and the inclusion of the referendum question on the ballot. She spoke regarding her resignation from the Beautification Board in 1989. Mr. Lamar Russell, 376 Harbor Drive, stated that the issue dealt with "ethics" . He questioned the logic behind the petition and the reasoning for changing the City Charter at this point. Mrs. Mary Russell stated that a more neutral term may be needed rather than "nepotism" . Mayor Salamone stated that she firmly supported the people 's right to support the government and she had agreed at the last meeting City of Cape Canaveral, Florida Regular City Council Meeting September 1 , 1992 Page 5 that the ordinance should be presented to the people, but that she and the volunteers were bothered by the comments she had heard in reference to same. She stated the petition was not meant to be a negative thing, but it came across in a negative way to the residents. She stated that the volunteers truly cared about the City and that they volunteered their time because they did care. Mrs. Betty Hutchinson spoke in favor of the petition and against the negative comments said to the City Council regarding the petition. Mr. Leo Nicholas wanted to clarify that his wife did not work for the City. Mr. Art Berger asked Council to decide on Mr. Thurm's appointment and to act on the petition. Mayor Salamone stated that Mr. Kancilia wanted to complete more research on the issue and she suggested tabling Mr. Thurm's reappointment at this time. Mr. Kancilia recommended tabling Resolution No. 92-35. Mr. Porter stated that if the petition was not submitted then Council would have more time to work on the wording. Mr. Kedzierski stated that over 400 people made the choice to submit the issue to the electorate. Motion by Mayor Salamone, seconded by Mr. Kedzierski to table Resolution No. 92-35. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. 4. Motion Re : Mountasia Fantasy Golf 's Muscular Dystrophy fundraiser. Motion by Mr. Kedzierski , seconded by Mr. Porter to approve Mountasia Fantasy Golf 's Muscular Dystrophy fundraiser. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels , For; Councilwoman Thurm, For. 5. Monthly Activity Reports. Mrs. Thurm questioned why the Building Department kept a log of all phone calls, walk-ins, etc. She asked that the explanation for same be included on the next workshop meeting. 6. City Manager 's Report. Mr. Boucher advised that the Public Works Department had encountered sanitary sewer line problems on Caroline, Monroe, and Adams Streets. Mr. Joseph Abbott, Public Works Director, further explained the condition of the sewer lines and the costs involved to complete emergency repairs to same. Mr. Boucher recommended the emergency purchase. Motion by Mrs. Thurm, seconded by Mr. Kedzierski to add this as an emergency item to correct the sewer line repairs to Caroline, Monroe and Adams Streets to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. Motion by Mrs. Thurm, seconded by Mr. Porter to authorize the Public Works Director to negotiate the contract and the Mayor to enter into the contract for emergency repairs to the sewer lines on Caroline, Monroe and Adams Streets in the lowest amount possible. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. City of Cape Canaveral, Florida Regular City Council Meeting September 1 , 1992 Page 6 7. Mr. Abbott advised that the Public Works Department had researched the availability of a used trailer to serve as a crew room for the time clock installation. Two ( 2) possible trailers had been selected at a cost of $5, 000 or $5, 083. Council concurred to schedule the item for consideration at the next workshop. 8. Mr. Boucher stated that the City had received a request for assistance with Hurricane Andrew disaster relief. Motion by Mayor Salamone, seconded by Mr. Kedzierski to add this item to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. Motion by Mayor Salamone, seconded by Mr. Kedzierski to send two ( 2) employees , paying them for twelve ( 12) hours, ( four ( 4) hours overtime and eight ( 8) hours normal time) , for no more than three ( 3) days to help out with the disaster relief. Mayor Salamone stated that housing would be provided by the City of North Miami Beach and that the volunteers needed to be self-contained bringing their own water and food. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. DISCUSSION: 1 . Mr. Jim Fawley , Ocean Woods, stated that in front of the Circle K on North Atlantic Avenue, two ( 2) or three ( 3) Grayline buses park on the new pavement that was recently installed there several times a week. Mayor Salamone asked Mr. Boucher to investigate same. 2. Mr. Jim Morgan, Building Official, advised that he did have a Class I general contractor's license, that he was not certified, and he would become certified if the City so desired. 3. Mr. Leo Nicholas spoke regarding speeding in the Harbor Heights area and the need for "no passing zones" . Mayor Salamone asked Mr. Boucher to check with the Sheriff 's Department regarding same. Mr. Nicholas thanked Mayor Salamone for her participation in the Veterans of Foreign Wars fundraiser for Muscular Dystrophy. There being no further business, the meeting adjourned at 10:04 P.M. Approved this 15th day of September , 1992. (1100 411144-A I .4_ fiVA P J•�f C / Salamone, MAYOR ATTEST• id_c_AL Faith G. Miller, CI eY CLERK